Trademarks
537 F.2d 4 (2d Cir. 1976)
Study notes for Abercrombie & Fitch Co. v. Hunting World, Inc.: professor notes, cold call prep, exam angles, and memory aids.
The term 'safari' is generic for clothing and thus not protectable as a trademark.
This case highlights the tension between trademark protection and the need for generic terms to remain in the public domain. Abercrombie & Fitch asserted that the term 'safari' was a protectable trademark; however, the court found it to be a generic term that denoted a category of clothing. Professors may underscore the significance of determining the status of a term—whether it is generic, descriptive, suggestive, or arbitrary—as this classification affects enforceability. The court's emphasis on the idea that generic terms cannot be trademarked serves as a critical guideline in trademark law, as it protects the ability of competitors to freely use such terms in their businesses.
A trademark cannot lock a common name; generic must remain game.
| Case | Distinction |
|---|---|
| American Telecommunications Association v. Communications Workers of America | While in Abercrombie the term was found to be generic, in this case, the court recognized the distinctiveness of a service mark despite some descriptive elements. |
| In re Cordua Rests., Inc. | In Cordua, the court found the term descriptive but protectable due to acquired distinctiveness; Abercrombie's term was deemed purely generic without proof of distinctiveness. |
| Two Pesos, Inc. v. Taco Cabana, Inc. | Here, the issue was trade dress and likelihood of confusion, as opposed to trademark genericness; Abercrombie's ruling was focused on the generic status of a word rather than trade dress. |
Allowing generic terms to remain free for public use promotes competition and prevents monopolies over common language.
Overly broad definitions of generic terms could undermine the investment brands make in developing their reputations and identities.
This case is likely to appear on exams in the context of trademark classification and enforceability. Students should be prepared to analyze how courts differentiate between generic and descriptive terms and the implications of such classifications on trademark rights.